High rates of burnout among lawyers can drive toxic workplace behaviours
Incivility in the legal profession has gotten worse in recent years. Why? There is an elephant in the room that is not being adequately addressed – the pervasive nature of poor mental health. The discussion around incivility has primarily centred around external players – opposing counsel, the judiciary and clients. It is time to focus on protecting and promoting mental health within our offices.
Phase I National Study on the Psychological Health Determinants of Legal Professionals in Canada (“the National Study”) released in 2022 found that poor mental health affects thousands of lawyers every year. Some alarming statistics include:
When these conditions are not adequately addressed, they can often lead to uncivil behaviour. Indeed, poor mental health is both a cause and effect of incivility.
Many law organizations have not incorporated mental health into the discussion around civility. For example, out of the 94 principles listed in the Advocates’ Society Principles of Civility and Professionalism for Advocates, not one mentions mental health considerations. Principle 13 states that advocates “should show sensitivity and understanding of their colleagues’ circumstances and make the workplace inclusive and welcoming,” but otherwise, nothing.
Phase II of the National Study was recently released. There were 13 distinct research reports for the provinces and territories, respectively. The Ontario research report included recommendations relating to preventing violence and incivility and their consequences in legal environments.
It is essential that legal organizations, including provincial and territorial law societies, have rules and policies that emphasize the importance of mental health needs being promoted among members. But the practice of civility must begin in our own offices. We cannot control the actions of external lawyers, judges, and clients, but we can address mental health and civility issues in our workplaces. This includes protecting our mental health and that of our colleagues. Below are four steps that need to be taken to effect change.
We all know who the bullies are that cause mental distress to our colleagues. It is one thing to be a demanding lawyer; it is quite another to impose unrealistic expectations on colleagues or exhibit demeaning, caustic and perhaps discriminatory behaviour.
Sometimes, bullies are unaware of their impact on the workplace. It’s important to educate them. If reasoning doesn’t change behaviour, there are other options. One option is to freeze or even decrease the compensation paid to lawyers who are wreaking havoc.
It may be appropriate to tell a bully that they can’t work with students or certain counsel. When I was in private practice, a senior lawyer was told he couldn’t work with articling students because he verbally tormented so many of them. That news spread around the firm like wildfire and helped the students feel heard.
Unfortunately, bullies are sometimes big producers for law offices, making it awkward to reign them in. We must ask ourselves whether we should allow workplace bullies to traumatize colleagues simply because they generate high revenues or whether we want to create a civil workplace. A cost-benefit analysis might show a good return on investment because the bully is called out for their behaviour, even if they ultimately leave the organization. The victimized people may become more productive and less likely to escape to calmer waters. Besides, isn’t it the right thing to do?
Lawyers who take the time to help colleagues struggling with mental health issues routinely receive no formal recognition of the importance of their contributions. Sometimes, they are not compensated as well as their counterparts when productivity trumps soft skills. We must incentivize mental health advocates by truly (and not just through lip service) considering their efforts to help colleagues experiencing mental health issues as an important factor in determining compensation and career advancement.
It’s essential to have an excellent benefits package for mental health counselling, preferably without a deductible. Employers should encourage their people to get the help they need. Ensure people can take time during the day to leave the office for a couple of hours, with no questions asked, so they can see their therapist or doctor.
The profession is in desperate need of role models. We need people who are prepared to share our stories of living with mental health challenges to speak openly, particularly to junior counsel and others who feel vulnerable. Lawyers who live with mental illness and addiction issues and are well-established in their positions should be encouraged to share their stories publicly. This will go a long way to both destigmatize mental health conditions and foster colleagues asking for help.
Successful lawyers who disclose our challenges are evidence that lawyers living with mental health and addiction issues can function at a high level and have successful careers. We can offer hope and let others know they are not alone.
We cannot move the needle on civility until we address our mental health issues and those of our colleagues. If law offices are proactive about protecting and promoting the mental health needs of their counsel, it will inevitably lead to healthier and happier workplaces. Civility begets civility.
Thank you to Andrea Racic for her assistance with this article.
